CAT/C/54/D/456/2011
on 4 November 2009, at Ms. Hernández Colmenarez’s request, the Inter-American
Commission on Human Rights submitted an urgent request for information to the State
party pursuant to article XIV of the Inter-American Convention on Forced
Disappearance of Persons and that, on 17 November 2009, the Inter -American Court
granted provisional measures in favour of Mr. Guerrero Larez. According to
information available on the website of the Inter-American Court, 5 on 19 August 2013,
the Court decided to lift the provisional measures and archive the file, indicat ing that
“in this matter there is no related individual petition being processed before the
Commission”. 6 The Committee observes that the measures adopted by the Inter American Commission and the Inter-American Court did not involve any
consideration of the merits of the case. Consequently, the procedures before these
authorities do not constitute an examination of the matter within the meaning of article
22, paragraph 5 (a), of the Convention. In these circumstances, and in the absence of
information indicating that, since 19 August 2013, the same matter has been or is
being examined under another procedure of international investigation or settlement,
the Committee finds that there is no obstacle to the admissibility of the complaint
under article 22, paragraph 5 (a), of the Convention.
5.3 The Committee recalls with concern that, despite the three reminders sent to it,
the State party has not submitted any observations. The Committee therefore finds that
it is not precluded from considering the complaint u nder article 22, paragraph 5 (b), of
the Convention.
5.4 The Committee considers that the complainants’ allegations under articles 2, 11
and 14 of the Convention have been sufficiently substantiated for the purposes of
admissibility and therefore declares these allegations to be admissible. The Committee
also considers that the facts presented and the information contained in the case file
raise issues under articles 12 and 16 of the Convention in relation to Mr. Guerrero
Larez and the complainants, respectively (see paras. 3.6 and 3.7 above). The
Committee thus proceeds to its consideration of the merits of the allegations under
articles 2, 11, 12 and 14, read separately and in conjunction with article 1 of the
Convention, in relation to Mr. Guerrero Larez, and under article 16 in relation to the
complainants.
Consideration of the merits
6.1 The Committee has considered the complaint in the light of all the information
made available to it by the parties, as required under article 22, paragraph 4, of the
Convention. As the State party has not provided any observations on the merits, due
weight must be given to the complainants’ allegations, to the extent that they have
been substantiated.
6.2 Before considering the allegations made by the complainants und er the articles
of the Convention invoked, the Committee must determine whether the acts to which
Mr. Guerrero Larez was subjected constitute acts of torture within the meaning of
article 1 of the Convention.
6.3 The Committee notes the complainants’ allegation that, on 8 September 2009,
after being informed by an unidentified person that Mr. Guerrero Larez had been
murdered in the Penitentiary, they visited that establishment but did not find him or
receive information on his whereabouts. According to the complainants, additional
testimonies indicate that Mr. Guerrero Larez was the victim of reprisals by a group of
inmates in the Penitentiary who murdered, dismembered and buried him there, with
__________________
5
6
8/11
See www.corteidh.or.cr/docs/medidas/larez_se_03.pdf.
See matter of Guerrero Larez, Order of the Inter-American Court of Human Rights of 19 August
2013 (provisional measures), para. 8.
GE.15-10585